2023-12-15 13:42:55
The Tenants’ Defense Association (ASLOCA) Vaud filed a request on Friday with the Constitutional Court of the Canton of Vaud against the modification of the implementing regulations of the law on the protection and promotion of the rental stock (RLPPPL) adopted mid- November by the Council of State. She criticizes in particular the new rules regarding the right of pre-emption for municipalities.
The appeal is filed alongside 22 cross-party deputies – Free, PS, Green, Ensemble à Gauche & POP, ASLOCA Vaud said in a press release. She denounces a “unilateral” modification of the implementing regulations of the LPPPL.
More than three years after the entry into force of this regulation, “the government became aware of the need to adapt it by adding a provision requiring the municipality to hold the funds necessary for the acquisition of property and , thus, to be its owner before proceeding with a public auction when it intends to make it available to third parties”, announced the Council of State about a month ago in a press release.
“Social tool” to be preserved
In the canton of Vaud, since 2020, the right of pre-emption allows municipalities located in regions with a housing shortage the possibility of acquiring as a priority, therefore by force, a property (built or unbuilt) on the point to be sold to a private person to develop public utility housing (LUP). This is not an expropriation, but a purchase respecting the conditions set between the seller and the initially planned buyer.
“Fearing the dismantling of this social tool by the Council of State, initiated by press release and by a hasty regulatory modification, ASLOCA Vaud decided to intervene by contacting the Constitutional Court of the Canton of Vaud “, explains the Association for the Defense of Tenants.
It considers that the government “exceeded its powers by wanting to act as legislator in place of the Grand Council with the aim of restricting the right of pre-emption conferred on the municipalities. However, only the cantonal Parliament is competent to debate a possible modification of the right of pre-emption conferred by the LPPPL and which had been voted for in a popular vote,” she wrote.
“De facto a limitation”
ASLOCA Vaud considers “that by requiring the municipality in particular to acquire the property with its own funds before being able to make it available to a third party, the regulatory modification de facto leads to limiting the possibility of municipalities to “exercise their right of pre-emption as desired by the Vaudois. And therefore to carry out their constitutional mandate of creating public utility housing for which this tool was established.”
The association is concerned about the fact that the modification of the RLPPPL “violates personal freedoms, in particular the protection of the private sphere and the protection of data”, due in particular to the new obligation to provide the authorities with rental statements including sensitive data unrelated to the purpose of the law, she further notes.
As a reminder, more than five years ago, the Vaud population had accepted 55.5% of the LPPPL law which would allow municipalities to build LUPs by replacing market players.
According to the knowledge of the Canton, while there are no precise statistics, there have so far been at least 18 cases of right of pre-emption used by municipalities in three years: eleven times in Lausanne, four times in Vevey , once in Prilly, once in Monpreveyres and once in Renens.
This article was automatically published. Source: ats
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